END USER LICENSE AND SUBSCRIBER AGREEMENT
Comodo Internet Security
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING,
OR USING COMODO’S SECURITY SOFTWARE OR USING COMODO’S SECURITY SUITE
SERVICES (“PRODUCTS”). BY DOWNLOADING, INSTALLING, OR USING THE PRODUCTS, OR BY
CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT DOWNLOAD OR USE THE SOFTWARE,
SUBSCRIBE TO OR USE THE SERVICES, OR CLICK ON “I ACCEPT”.
This end user license and subscriber agreement is between you (“you” or “Subscriber”), as either an
individual or as a business entity, and either:
a. if you are not located in China, Comodo Security Solutions, Inc., which has
its principal place of business at 525 Washington Blvd., Suite 1400, Jersey City,
New Jersey 07310, or
b. if you are located in China, Beijing Comodo Software Development Co. Ltd., which has its
principal place of business at 401 Tower B., Fenglan International Plaza, 32 Beidajie
Xizhimen, Haidian District, Beijing, China.
In exchange for your use of the Products, you agree as follows:
1. License
1.1.Grant of License.
Comodo grants you a limited, non-exclusive, non-transferable, and
revocable license to download, install, back-up, and use the Software and Services
(collectively, the “Products”) you have paid for, including any documentation and files
accompanying the Products. You shall not resell, lease, sell, modify, reverse engineer,
decompile, or create derivative works of the Software. All rights not expressly granted herein
are reserved to Comodo.
1.2.Restrictions.
The licenses granted herein are only valid if:
(i) the Products are NOT modified in any manner;
(ii) the Products are only installed and used in accordance with your network security
policies,
(iii) you posses the necessary authority and power to install and use the Products,
(iv) you promptly pay all license fees when due, and
(v) this agreement is accepted without modification and has not been breached.
1.3. Registration.
When registering Products, you must provide accurate information and must
update the registration information if it changes. Comodo may limit your ability to use the
Products if you fail to complete a required registration process. You may also be required to
select a username and password. Maintaining the confidentiality of this password and
username is your responsibility. You must notify Comodo immediately of any unauthorized
use of your account.
1.4. Limited License.
The licenses granted herein are only for the number of computers for which
you paid for the Products. You can secure additional computers by obtaining a separate
license for each computer, which might require an additional fee. You must have a license
for each computer that accesses or use the Products prior to installing or using the Products.
1.5. Updates.
Comodo is not obligated to provide updates to the Products. If an update is
provided and the update is not accompanied by an additional agreement, this agreement
applies to your use and installation of the update. Some Products update automatically
without notice.
1.6. Trial, Evaluation, and Beta.
If this agreement pertains to a trial, beta, or evaluation version,
the licenses granted herein terminate at the end of the trial or evaluation period or when
Comodo disables access to the Products. All trial, evaluation, and beta licenses are limited
to one per customer. Generally, credit card information is required to access a free trial.
However, Comodo shall not charge your credit card until the trial period has ended. At the
end of the trial period, Comodo may bill the credit card for the Products without further notice.
Participants in a free trial are not entitled to a 30 day refund period as described in section
8.4. Your termination of this agreement prior to the end of the free trial is required to avoid
fees for the Products. Annual subscriptions expire one year from the end of the trial period.
Comodo may deny or revoke a free trial for any reason.
2. Specific Licenses
2.1. Comodo Security Software.
Comodo Internet Security (CIS) may be used royalty-free for
both commercial and personal use. CIS includes the Comodo Firewall and Antivirus
products. No technical or customer support is provided for CIS separate from the Products
described in section 2.5. Installation of CIS may include installation of additional Products.
Use of these Products may be disabled until you pay for the Products.
2.2. HopSurf.
HopSurf is intended solely for online use while connected to Comodo servers.
While most of the HopSurf operations are performed online, there are certain components
that will be downloaded and permanently installed onto your computer. You are solely
responsible for your internet connection and your computer. You must be at least 18 years of
age to use download and use HopSurf.
2.3. TrustConnect.
The TrustConnect client software is not included herein as a Product and is a
derivate work of OpenVPN and is licensed under both the terms of the OpenVPN license
which is attached as Schedule A and GPLv2. The terms of the OpenVPN license do NOT
apply to the services provided in connection with the software. Instead, the terms of the
service are governed solely by this agreement and the Privacy Agreement referenced herein.
Technical support is not provided for TrustConnect.
2.4. DNS Services
(i) With your permission, CIS will reconfigure your DNS settings to point to the Comodo
name servers to accept, process, and resolve recursive DNS queries (“Recursive
Traffic”). Comodo may re-direct or terminate Recursive Traffic that Comodo, in its
sole discretion, determines or considers to be harmful or invalid. You must not
disclose the NameServer addresses to any third party who has not accepted this
Agreement.
(ii) Upon termination of this agreement, you must change your DNS settings away from
Comodo’s NameServers. Comodo is not required to provide access to alternative
services at termination.
(iii) The DNS services contain links to websites operated by third parties ("Third Party
Sites"). These links are for your convenience only. Comodo does not endorse,
control, monitor, or verify the contents of the Third Party Sites and is not liable for
the contents or for any loss, damage or injury sustained arising out of your access to
the Third Party Sites.
2.5.livePCsupport Services
(i) Comodo’s livePCsupport services (“LPS”) are Comodo’s paid-for chat-based support
services as described on the Comodo website. Comodo may change the specific
scope of LPS without notice.
(ii) LPS is provided only after you contact the LPS support staff using software provided
by Comodo. LPS is provided via Internet chat and remote desktop sharing, and
access to the Internet is required to use LPS. You are responsible for providing and
maintaining your Internet connection. A high speed Internet connection is highly
recommended in order to avoid delays or problems with LPS. You are responsible
for ensuring that use of LPS complies with all applicable computer and network
policies. Prior to using LPS, you must have administrator rights to the computer,
have a back-up of all data on the computer, and provide Comodo with correct and
accurate information.
(iii) You authorize Comodo to access your computers and delete the files that Comodo
deems unnecessary to your computers’ operation. You grant Comodo express
permission to alter the registry of any computer using LPS and to install, configure,
and use additional software on your computers as Comodo sees fit.
(iv) You shall assist Comodo as reasonably requested by Comodo in diagnosing
problems with computers using LPS. Your failure to cooperate with the Comodo
representative constitutes a breach of this agreement. The Comodo representative
has sole discretion over any instructions and steps taken in providing the LPS
services.
(v) The Comodo support representative may need to download, run, or use software on
your computer to assist in diagnosing and resolving computer problems. Such
software may include toolbars, utilities, and other tools that allow Comodo to improve
computer performance and solve technical problems (collectively, the “Diagnostic
Software”). Use of all Diagnostic Software is subject to the license agreements
associated with the Diagnostic Software and you must accept and comply with all
such license agreements.
(vi) The scope and extent of LPS is limited to the options selected by you when
registering for LPS. Comodo performs the LPS services in any manner it sees fit.
LPS does not cover restoration services, repair services, lost or expected profits, lost
or corrupted data, lost or deleted work, or lost or damaged personal files. Comodo
does not guarantee against the loss of any file, information, or data. Unless your
subscription to the services states otherwise, you are solely responsible for backing
up and safely storing its data, information, and files. You shall (1) obtain and pay for
all equipment and third-party services required to use and receive the LPS services
and (2) be responsible for all content on both your computer and network.
(vii) Comodo provides LPS using commercially reasonable efforts. Comodo does not
represent that that commercially reasonable efforts will optimally configure a network
or provide you with any significant energy savings.
3. Limited Guarantee
3.1. Scope.
Some versions of the Products include a limited guarantee that is valid for one year
from the date of the Product’s activation by the original purchaser. The guarantee covers the
repair of certain damage that could occur to a computer as a result of malware. Each license
of the guarantee can cover up to three computers on the same home network, provided that
each computer qualifies for guarantee coverage as explained herein. To qualify, each
computer must have
1) the minimum requirements to install and run the Product,
2) the guarantee activated using the license key provided by Comodo,
3) the correct version of CIS installed on the computer, and
4) a CIS system scan run to verify that the computer is free from malware.
The guarantee does not apply if a computer
1) is unable to access the Internet,
2) more than one year has lapsed since the date of the Product’s activation by the
original purchaser,
3) the computer has preexisting malware,
4) does not have CIS installed and operating in the correct functional state.
After installing the CIS, you must, on each computer,
a) keep CIS operating at all times in one of
1) Paranoid Mode,
2) Train with Safe Mode, or
3) Clean PC Mode and
b) not disable or remove the CIS. The guarantee excludes all damage caused by
a hardware failure or caused by non-malware software.
THE LIMITED GUARANTEE IS ONLY AVAILABLE TO YOU IF YOU ARE A RESIDENT OF THE
UNITED STATES AND HAVE PURCHASED A VERSION OF THE SOFTWARE THAT INCLUDES
THE GUARANTEE.
The guarantee is non-transferrable, and can only be used by the original
purchaser of the Software.
3.2. Limits.
The guarantee is limited to the lesser of
(i) The actual cost of the computer;
(ii) An aggregate total of $500 for all claims paid under a single license key, and
(iii) The actual cost of a Comodo specified and authorized third party provider to repair the
computer to an operating condition (“Guarantee Limit”).
The guarantee is limited to repairing the computer over the Internet to an operational state
and excludes all claims for lost or expected profits, lost or corrupted data, lost or deleted
work, or lost or damaged personal files. Comodo does not guarantee against the loss of any
file or information. The guarantee is void if you breached this agreement, failed to follow the
procedures described in this Section 3, or failed to pay any fees applicable to your use of the
Software.
3.3. Claims.
If a computer qualifying under Section 3.1 becomes infected with malware you must
take the following steps:
1) backup all data on the computer,
2) promptly contact Comodo over the Internet by email at: guarantee@comodo.com, and
3) allow a Comodo support representative to remotely connect to the infected computer
and remove the malware.
Comodo only provides remediation services over the Internet and you must be able to access
the Internet to use the limited guarantee. Damage to a computer by anything other than
malware is not covered by the limited guarantee. If a Comodo support representative cannot
connect to the computer because of the malware, the limited guarantee does not apply. To
qualify for a payment under the limited guarantee, you must allow Comodo access to each
infected computer and must assist Comodo in any manner necessary to remove the malware
and repair the computer. Failure to cooperate with a Comodo representative voids the
guarantee. The instructions and steps necessary to fix the computer and provide the support
are in the Comodo representative’s sole discretion.
3.4. Diagnostic Software.
The support representative may download, run, or use software on your computer to
remove the malware and restore the computer to its pre-infection operating
condition. This software includes software that can control your computer remotely along
with Diagnostic Software. You shall accept any license agreement required to use the
Diagnostic Software. Use of the Diagnostic Software by the support representative does not
require any additional payment by you.
3.5. Recording of Services.
Comodo may monitor and record any remediation services provided.
Comodo may release recorded information for any of
1) satisfying a law, regulation or government request,
2) operating the remediation services properly, or
3) protecting Comodo’s business reputation, software, or customers.
3.6. Payment.
If Comodo is able to connect to your computer but is unable to restore a qualifying
computer’s functionality and remove the malware, Comodo shall, subject to the Guarantee
Limits and at sole discretion, pay for Comodo’s choice of
1) the cost of having a third party provider repair the computer or
2) for a replacement computer. If Comodo chooses to repair the computer, Comodo
will provide instructions on where the computer may be delivered for repair.
If the repair facility is greater than 20 miles from your physical location, Comodo shall
pay the cost of mail delivery of the computer but you shall pay any applicable shipping
insurance costs. You bear all risk of loss during shipping to or from the repair facility. If the
repair facility is unable to restore the computer’s operating functionality before the end of the
fifth business day after the repair facility’s receipt of the computer, Comodo shall pay you,
subject to the Guarantee Limits, the fair market value of each qualifying irreparable computer.
4. Personal Internet and Identity Coverage.
Comodo’s personal internet and identity coverage plan (“ID Protection”) is offered
to customers who register for the services and become a member of the ID Protection policy.
Only one customer may register per license key. The terms of ID Protection are
governed by the summary description.
5. Ownership
5.1. No Ownership Rights.
The Products are being licensed, not sold. Comodo retains all ownership rights in
and to all Products, including any intellectual property rights therein.
5.2. Copyright.
The Products contains material that is protected by United States and foreign
intellectual property laws, including copyright, trade secret, and patent law. All rights not
granted to you herein are expressly reserved by Comodo. You may not remove any copyright
or other proprietary notice of Comodo from the Products.
5.3. Content.
Content, including files, links, images, and text, made available or accessible
through the Products is the sole responsibility of the person or entity from whom it originated
and is the property of the applicable owner. This agreement does not give any rights to such
content. Comodo does not endorse any such content. You accept all responsibility for
security risks and any damage resulting from any content viewed or accessed through the
Products, and Comodo is not responsible for any damage or loss caused by your use or
reliance on any of the content, goods or services, or information available through third party
sources regardless of how presented.
5.4. Submissions.
Any communications sent to Comodo are the property of Comodo or its
affiliates. Unless stated otherwise herein, submissions are not considered confidential, and
Comodo is not liable for any use or disclosure of a submission. Except as noted herein,
Comodo is entitled to unrestricted use of any submissions for any purpose whatsoever
without compensation to the provider of the submission.
6. Payment
6.1. Fees.
Certain Products may be used without payment to Comodo. For other Products, you
must pay the fee listed on Comodo’s website prior to using or accessing the Products. Free
and paid for Products are listed on www.comodo.com. Comodo may modify fees for paid
products in its sole discretion. Your failure to terminate this agreement after a fee change is
posted to Comodo’s website constitutes your acceptance of amended prices, which will apply
upon your renewal of the Products.
6.2. Method of Payment.
All fees must be paid in advance. Comodo may automatically charge
the credit card provided for renewing subscriptions to the Products. However, you remain
solely responsible for any renewal payment. If renewal payments are not made before a
subscription expires, Comodo may, without notice, restrict or remove your access to the
Products.
6.3. Rejected Charges.
If any charges are rejected by your credit card issuer then Comodo may
deactivate your account until payment is successfully received. Comodo may deactivate any
account that has a disputed charge until Comodo, in its sole discretion, determines the
dispute resolved.
6.4. Billing Issues.
You shall provide Comodo notice of any billing problems or disputes within 60
days after the charge first appears on a statement you receive from your bank, credit card
company, or other billing company. Failure to notify Comodo of the problem within the 60
day period is your acceptance of the charges. Comodo is not obligated to provide a refund
for any unused Products.
7. Restrictions
7.1. Lawful Use.
The Products are solely for lawful purposes and use. You are responsible for
ensuring that your use of the Products is in accordance with this agreement and any
applicable laws, statutes, ordinances, regulations, rules and other government authority.
7.2. Compliance.
You shall
(1) not interfere or disrupt networks connected to Comodo’s services;
(2) comply with all regulations, policies and procedures of networks connected
to the services;
(3) not use the Products to infringe the privacy or intellectual property rights of a
third party;
(4) not use the Products to distribute or transmit any file that contains malware,
(5) not attempt to gain unauthorized access to other computer systems; and
(6) not use the Products to transmit any unlawful, harassing, libelous,
defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful,
vulgar, obscene, offensive or otherwise objectionable material of any kind or nature.
7.3. Export.
You represent that you are not located in and will not modify, export or re-export,
either directly or indirectly, the Products to any country or entity under United States
restrictions or to any country or entity subject to applicable trade sanctions. The United States
restricted country and persons list is subject to change without notice from Comodo, and you
must comply with the list as it exists in fact.
COMODO SHALL NOT BE LIABLE FOR YOUR VIOLATION OF ANY SUCH EXPORT OR IMPORT LAWS,
WHETHER UNDER UNITED STATES LAW OR FOREIGN LAW.
8. Termination.
8.1. Term.
This agreement is effective until terminated by you or by Comodo. You may only use
paid Products during the period for which you have paid the subscription fee. The
subscription may be renewed by paying an additional license fee as set forth on the Comodo
website.
8.2. Termination by You.
For free software, you may terminate this agreement at any time by
removing all copies of the software in your possession or under your control. All paid
Products may be terminated by removing all copies of any related software and notifying
Comodo of your intent to terminate this agreement. Notification of termination must be sent
by email to support@comodo.com. Your termination will be effective upon Comodo’s receipt
and processing of the email. Processing may take up to 24 hours.
8.3. Termination by Comodo.
Comodo may terminate this agreement at any time by posting notice of the termination
on its website or sending an email to the address provided during
your registration for the Products. Comodo may monitor its systems for excessive
consumption of network resources and may take technical or other remedies deemed
necessary to prevent or eliminate any excessive consumption. If Comodo deems your use to
be excessive, Comodo may, with email notice, terminate your account or adjust the price of
the Products.
8.4. Refunds.
After purchasing the Products, you may cancel your subscription at any time.
Unless you have participated in a promotion under section 1.6, you may be entitled to a
refund. If you cancel your subscription within the first 30 days after making payment and are
eligible for a refund, Comodo shall refund to you the full amount paid by you. If you cancel
after the first 30 days and your account is listed as an ESM or livePCsupport business
account, Comodo shall provide you with a pro-rata refund for each month left on you
subscription less any discounts given for pre-payment of fees. To request a refund, you
must email refunds@comodo.com within 30 days of the purchase date.
8.5. Events Upon Termination.
Upon termination, you must immediately cease using the
Products and delete all copies of any related software found on your computer and any
backup copies made. Upon termination, Comodo may disable further use of the Products
without further notice and may delete, remove, and erase any account information, any
backup data stored by Comodo, and any other information stored or collected by Comodo.
Such deletions are in Comodo’s sole discretion and may occur without notice to you. No
refunds shall be given for any reason.
9. Indemnification.
9.1. Indemnification.
You shall indemnify
(i) Comodo,
(ii) Comodo’s affiliates, and
(iii) Comodo’s and its affiliate’s directors, officers, employees, and agents
(each an “Indemnified Person”) against all liabilities, losses, expenses, or
costs (including reasonable attorney’s fees) (collectively “Losses”) that, directly
or indirectly, are based on your breach of this agreement, information provided
by you, or your infringement on the rights of a third party.
9.2. Indemnification Procedure.
Comodo shall notify you promptly of any demand for indemnification.
However, Comodo’s failure to notify will not relieve you from your indemnification
obligations except to the extent that the failure to provide timely notice
materially prejudices you. You may assume the defense of any action, suit, or proceeding
giving rise to an indemnification obligation unless assuming the defense would result in
potential conflicting interests as determined by the Indemnified Person in good faith. You
may not settle any claim, action, suit or proceeding related to this agreement unless the
settlement also includes an unconditional release of all Indemnified Persons from liability.
9.3. Additional Liability.
Your indemnification obligations are not Comodo’s sole remedy for a
breach and are in addition to any other remedies Comodo may have against you under this
agreement. Your indemnification obligations survive the termination of this agreement.
10. Disclaimers and Limitation of Liability.
10.1. Internet.
You acknowledge that the Products are subject to the operation and
telecommunications infrastructures of the Internet and the operation of your Internet
connection services, all of which are beyond Comodo’s control.
10.2. Guarantee Disclaimer; Assumption of Risk.
EXCEPT AS SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT, COMODO EXPRESSLY
DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES IN THE PRODUCTS.
THIS DISCLAIMER INCLUDES ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY
LAW. COMODO DOES NOT GUARANTEE THAT
1) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR
2) THAT ACCESS TO THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
10.3. Damage Limitation.
THE TOTAL LIABILITY OF COMODO AND ITS AFFILIATES, AND
EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND
CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT IS
LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS. YOU WAIVE ALL
LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THIS WAIVER INCLUDES ALL DAMAGES FOR LOST PROFITS, REVENUE, USE, OR
DATA AND APPLIES EVEN IF COMODO IS AWARE OF THE POSSIBILITY OF SUCH
DAMAGES.
These limitations apply to the maximum extent permitted by law regardless of
1) the reason for or nature of the liability, including tort claims,
2) the number of claims, 3) the extent or nature of the damages, and
4) whether any other provisions of this agreement have been breached or proven ineffective.
10.4. Data Transfer.
ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH
THE PRODUCTS IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE
USE OR YOUR POSSESSION OF SUCH DATA OR MATERIAL. COMODO DOES NOT
ACTIVELY MONITOR ANY INFORMATION OR MATERIAL TRANSFERRED THROUGH
ITS PRODUCTS AND CANNOT WARRANT THE CONTENT OF SUCH MATERIAL OR DATA.
10.5. Exceptions.
If any legal right disallows an exclusion of warranties or disallows limiting certain
damages, then the disclaimers of guarantee and limitations on liability herein apply to the
maximum extent allowed by law.
10.6. Limitations on Remedy.
Except for actions and claims related to a party’s indemnification
obligations, all actions or claims relating to this agreement must be brought within one (1)
year from the date when the cause of action occurred.
11. Privacy.
11.1. Privacy Policy.
Comodo shall follow the privacy policy posted on its website at
http://www.comodo.com/repository/privacy_agreement.html when collecting and using
information from you. Comodo may amend the privacy policy at any time by posting the
amended privacy policy on its website.
11.2. Disclosure.
Comodo will disclose information where required by a subpoena, interception
order or other lawful process. Comodo may also disclose information when it believes that
such disclosure is necessary to protect the rights or safety of others or to enforce, or protect
Comodo’s rights under this Agreement.
11.3. Opt Out.
You may opt-out of having information used for purposes not directly related to the
Products by emailing a clear notice to optout@comodo.com. By clicking “I AGREE”, you
affirmatively consent to receiving Comodo’s and its affiliates’ promotional material.
12. Miscellaneous
12.1. Notices.
All questions, notices, demands, or requests to Comodo with respect to this
Agreement shall be made in English writing to: Comodo Security Solutions, Inc., 525
Washington Blvd., Suite 1400, Jersey City, New Jersey 07310. All notices to you shall be
made by posting the notice on the Comodo website.
12.2. Entire Agreement.
This agreement, along with the attached schedules and any documents
referred to herein, is the entire agreement between the parties with respect to the subject
matter, superseding all other agreements that may exist with respect to the subject matter.
Section headings are for reference and convenience only and are not part of the
interpretation of the agreement.
12.3. Modifications.
Comodo may amend or discontinue certain Products offered under this
agreement in its sole discretion, including modifying renewal license fees, availability,
equipment and software requirements, and limiting or restricting use of Products. Comodo
may amend this agreement to the extent allowed by law. Comodo will give you notice of
these amendments by posting the modified agreement to its website. You must periodically
visit Comodo’s website to be aware of any changes. Continued use of a Product after an
amendment constitutes your acceptance of the change.
12.4. Waiver.
A party’s failure to enforce a provision of this agreement does not waive the party’s
right to enforce the same provision later or right to enforce any other provision of this
agreement. To be effective, all waivers must be both in writing and signed by the party
benefiting form the waived provision.
12.5. Force Majeure and Internet Frailties.
Other than for payment obligations by you, neither party will be liable for a
delay or failure to perform an obligation to the extent that the delay or
failure is caused by an occurrence beyond the party’s reasonable control. Each party
acknowledges that the operation of the Internet is beyond the other party’s reasonable
control, and neither party will be liable for a delay or failure caused by an interruption or
failure of telecommunication or digital transmission links, Internet slow-downs or failures, or
other such transmission failure.
12.6. Governing Law and Venue.
(i) If you are not in Asia, then the laws of the state of New Jersey govern the
interpretation, construction, and enforcement of this agreement and all proceedings
arising out of it, including tort claims, without regard to any conflicts of law principles.
All proceedings or legal action arising from this agreement must be commenced in
the state or federal courts of New Jersey. Both parties agree to the exclusive venue
and jurisdiction of these courts.
(ii) If you are in Asia, then the laws of the People’s Republic of China govern the
interpretation, construction, and enforcement of this agreement and all proceedings
arising out of it, including tort claims, without regard to any conflicts of law principles.
All proceedings or legal action arising from this agreement must be commenced in
the courts of Beijing, China.
12.7. Assignment.
You may not assign any of your rights or obligations under this agreement,
whether by merger, consolidation, operation of law, or any other manner, without the prior
written consent of Comodo. For purposes of this section only, a change in control is deemed
an assignment. Any transfer without consent is void. To the extent allowed by law, Comodo
may assign its rights and obligations without your consent.
12.8. Severability.
Any provision held invalid or unenforceable will be reformed to the minimum
extent necessary to make the provision valid and enforceable. If reformation is not possible,
the provision is deemed omitted and the balance of the agreement remains valid and
enforceable.
12.9. Survival.
All provisions relating to confidentiality, proprietary rights, indemnification, and
limitations of liability survive the termination of the agreement.
12.10. Rights of Third Parties.
There are no third party beneficiaries under the agreement.
ACCEPTANCE
BY CLICKING “I ACCEPT” BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF ITS. DO NOT
CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.
SCHEDULE A
OPENVPN LICENSE
OpenVPN (TM) -- An Open Source VPN daemon
Copyright (C) 2002-2005 OpenVPN Solutions LLC <info@openvpn.net>
This distribution contains multiple components, some of which fall under different licenses.
By using OpenVPN or any of the bundled components enumerated below, you agree to be
bound by the conditions of the license for each respective component.
OpenVPN trademark
"OpenVPN" is a trademark of OpenVPN Solutions LLC.
OpenVPN license:
OpenVPN is distributed under the GPL license version 2 (see Below).
Special exception for linking OpenVPN with OpenSSL:
In addition, as a special exception, OpenVPN Solutions LLC gives
permission to link the code of this program with the OpenSSL
library (or with modified versions of OpenSSL that use the same
license as OpenSSL), and distribute linked combinations including
the two. You must obey the GNU General Public License in all
respects for all of the code used other than OpenSSL. If you modify
this file, you may extend this exception to your version of the
file, but you are not obligated to do so. If you do not wish to
do so, delete this exception statement from your version.
LZO license:
LZO is Copyright (C) Markus F.X.J. Oberhumer, and is licensed under the GPL.
Special exception for linking OpenVPN with both OpenSSL and LZO:
Hereby I grant a special exception to the OpenVPN project
(http://openvpn.net/) to link the LZO library with
the OpenSSL library (http://www.openssl.org).
Markus F.X.J. Oberhumer
TAP-Win32 Driver license:
The TAP-Win32 driver is derived from the CIPE-Win32 kernel driver,
Copyright (C) Damion K. Wilson, and is licensed under the GPL.
Windows DDK Samples:
The Windows binary distribution includes devcon.exe, a
Microsoft DDK sample which is redistributed under the terms
of the DDK EULA.
NSIS License:
Copyright (C) 2002-2003 Joost Verburg
This software is provided ’as-is’, without any express or implied
guarantee. In no event will the authors be held liable for any damages
arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute
it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented;
you must not claim that you wrote the original software.
If you use this software in a product, an acknowledgment in the
product documentation would be appreciated but is not required.
2. Altered versions must be plainly marked as such,
and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any distribution.
OpenSSL License:
The OpenSSL toolkit stays under a dual license, i.e. both the conditions of
the OpenSSL License and the original SSLeay license apply to the toolkit.
See below for the actual license texts. Actually both licenses are BSD-style
Open Source licenses. In case of any license issues related to OpenSSL
please contact openssl-core@openssl.org.
/* ====================================================================
* Copyright (c) 1998-2003 The OpenSSL Project. All rights reserved.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
*
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in
* the documentation and/or other materials provided with the
* distribution.
*
* 3. All advertising materials mentioning features or use of this
* software must display the following acknowledgment:
* "This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
*
* 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
* endorse or promote products derived from this software without
* prior written permission. For written permission, please contact
* openssl-core@openssl.org.
*
* 5. Products derived from this software may not be called "OpenSSL"
* nor may "OpenSSL" appear in their names without prior written
* permission of the OpenSSL Project.
*
* 6. Redistributions of any form whatsoever must retain the following
* acknowledgment:
* "This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit (http://www.openssl.org/)"
*
* THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS’’ AND ANY
* EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
* PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR
* ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
* SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
* NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
* LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
* STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
* OF THE POSSIBILITY OF SUCH DAMAGE.
* ====================================================================
*
* This product includes cryptographic software written by Eric Young
* (eay@cryptsoft.com). This product includes software written by Tim
* Hudson (tjh@cryptsoft.com).
*
*/
Original SSLeay License
-----------------------
/* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
* All rights reserved.
*
* This package is an SSL implementation written
* by Eric Young (eay@cryptsoft.com).
* The implementation was written so as to conform with Netscapes SSL.
*
* This library is free for commercial and non-commercial use as long as
* the following conditions are aheared to. The following conditions
* apply to all code found in this distribution, be it the RC4, RSA,
* lhash, DES, etc., code; not just the SSL code. The SSL documentation
* included with this distribution is covered by the same copyright terms
* except that the holder is Tim Hudson (tjh@cryptsoft.com).
*
* Copyright remains Eric Young’s, and as such any Copyright notices in
* the code are not to be removed.
* If this package is used in a product, Eric Young should be given attribution
* as the author of the parts of the library used.
* This can be in the form of a textual message at program startup or
* in documentation (online or textual) provided with the package.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
* 1. Redistributions of source code must retain the copyright
* notice, this list of conditions and the following disclaimer.
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in the
* documentation and/or other materials provided with the distribution.
* 3. All advertising materials mentioning features or use of this software
* must display the following acknowledgement:
* "This product includes cryptographic software written by
* Eric Young (eay@cryptsoft.com)"
* The word ’cryptographic’ can be left out if the rouines from the library
* being used are not cryptographic related :-).
* 4. If you include any Windows specific code (or a derivative thereof) from
* the apps directory (application code) you must include an acknowledgement:
* "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
*
* THIS SOFTWARE IS PROVIDED BY ERIC YOUNG "AS IS" AND
* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
* ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
* FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
* DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
* OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
* LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
* OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
* SUCH DAMAGE.
*
* The licence and distribution terms for any publically available version or
* derivative of this code cannot be changed. i.e. this code cannot simply be
* copied and put under another distribution licence
* [including the GNU Public Licence.]
*/
CAM v5.54.1.1732043833-299dd42dc6b9